Former deputy police chief in Union City suing town for not releasing public documents

Jersey Journal file photoA former deputy police chief in Union City is suing his former employer for not complying with his requests for public documents. The former employer accuses Union City Mayor Brian Stack, pictured above, of thinking he's above the law.

UNION CITY -- A former deputy police chief and frequent critic of the Union City mayor is suing his former employer for not responding to various requests under the Open Public Records Act, according to a lawsuit filed in Hudson County Superior Court last month.

"This is another example of Union City not being transparent and refusing to provide information to the public," said Joe Blaettler, who owns East Coast Private Investigations and works as a private investigator.

Between Feb. 28 and April 13, Blaettler filed at least six OPRA requests asking for salaries, ordinances, and job titles for a number of city employees. His first request asked for the "salary and wage ordinance for all city positions."

However, the documents the private investigator is particularly interested in pertain to former city Police Chief Charles Everett.

On April 2, Blaettler requested documents for "any and all payments to Walter Timpone for the investigation of former Police Chief Charles Everett," and "all paid and unpaid invoices from the city to the law firm McElroy, Deutsch, Mulvaney and Carpenter, LLP from June 1, 2011 until 2012 year to date."

Timpone and the law firm were contracted by the city to investigate Everett when allegations surfaced that Everett was paid by the local school district for off-duty security assignments he never actually worked.

The report, which was released on Oct. 27 -- a day after Everett abruptly resigned -- slammed Everett for lax oversight of the off-duty assignments and using it "a cash cow for privileged few to work as they please."

Blaettler, who takes credit for providing the information to the media that led to the investigation, would only say that this information he has requested pertains to ongoing work he is doing for "clients."

His lawsuit contends that Union City violated the Open Public Records Act and the Common Law Right of Access by ignoring his requests. He is also asking for compensation for attorney fees.

Municipalities and public agencies have seven days to respond to an OPRA request, but the state law says all requests must be fulfilled as soon as the municipality or agency has the information.

"(Union City Mayor) Brian Stack thinks the law doesn't apply to him and he can do whatever he wants. He has no problem wasting taxpayers money and preventing the public from knowing what happens in Union City," Blaettler said.

Union City refused to comment on the lawsuit or Blaettler's accusations that the mayor is holding up the requests.

"We can't comment since this is a part of ongoing litigation," said city spokesman Mark Albiez.

A court hearing scheduled for May 11 in Hudson County Superior Court was postponed and no new date has been announced.